LB 

8+3 



lOiwiPiiiii: 






W y 






ILIBRARY OF CONGRESS.? 






1A2} 



f UNITED STATES OF AMERICA.! 



mtma^^mmm,,,t,aitmmtMmtmammmmmmmm 



COMMON SCHOOL LAWS, 



BEiN» THE 




A C T S 



IN RELATION TO COMMON SCHOOLS 



PASSED BY THE LAST 



GENERAL ASSEMBLY- 



A^ tH]i iiii^ioi 



M 



held on the 6th day of Nd^ember, 1348, ^cL ende^ 
on the 10th day of January, 1849. 



S'EINTED AT THE GAZETTE OFFICE. 






1849, 



I 



'•^ 



SCHOOL LAWS, 



An act to divide the Seminary Fund and to estabiish Commo®^ 

Schools. 



Section. 

1. Funds arising from the sale of the 

seventy-two sections of seminary 
lands, and the proceeds of the sa- 
line lands, to be divided amongst 
the several counties for common 
schools purposes. ; 

2. All moneys from seminary or saline 

lands to be paid to the State trea- 
surer, to the credit of the common 
school fund: and the treasurer to 
ascertain the amount due e^ch 
county, and enter the same to the 
credit of the county treasurer. 

3. On passage of this act each county 

treasurer to draw from State trea- 
surer the amount due his county, 
and receipt for the same for the 
common schools of said county 

4. Said fund to be a perpetual fund and 

to be kept seperate and distinct 
from all other funds of the county, 
and the principal to be in no ease 
expended. 

5. Each electoral township to be one 

educational district. 

.6. On the first Monday in May next, 
and on the first Monday in May 
every two years thereafter, three 
common school trustees, to be 
elected in each educational dis 
trict, who shall take an oath before 
some justice of the peace, faithfully 
to discharge their duties. 

7. County judge to order election of 
trustees on the 1st Monday in May 
next, and every two years thereaf- 
ter, and returns to be made to 
county court. 

S. Trustees to ascertain the number of 



Section. 

school children in each educational 
district, and report to tie county 
treasurer. 
9. County treasurer to loan out, upon 
good security, the common schooji 
fund, at interest not to exceed 10 
per ceht., to be paid semi-annually 
in advance. 

10. County treasurer to keep account of 

common school fund, state amount 
of interest received semi-annually, 
and to divide the same amongst 
the several educational districts. 

11. District trustees to employ teachers, 

upon certain terms and conditions. 

12. Trustees to make suitable rules and 

regulations for the discipline and 
good order of common schools; 
to employ no improper person as 
teacher; to visit schools once in 
two months, and dismiss teacher if 
found unfit or incompetent. 

13. Trustees to determine amount due 

to teachers, make out certificate of 
the same to county court, which 
court shall, if satisfied of the cor- 
rectness of the amount, order the 
county treasure to pay the same. 

14. County court to examine books, pa- 

pers, and vouchers of the county 
treasurer, relative to the common 
school fund, and approve or reject 
the same, j,as they may be found 
oorrec or erroneous. 

15. County treasurers may sue and be 

sued as common school treasurerg. 

16. New counties to receive a portion 

of the common school fund of the 
-counties from which they ars 



4 



Section. 

20. School fund not to be expended fai* 

books, mtips, or stationary. - 

21. County treasurer to have two per 

cent, for collecting, and disbursing 
moneys of the school fund. 

22. County treasurer may employ, 
when necessary, legal assistance 
to collect moneys due the commoii 
school fund, to be audited and ad- 
justed by county court, who shall 
order the same, if found just, to be 
paid by county treasurer, out of 
the school fund. 

23. $250,000 appropriated, to carry out 

the provisions of this^ act, out of 
the proceeds of the sale of the 
seminary'^and saline lands. 
24. This act in force from arid after paa- 



■§ECTi0N. 

formed, proportionate to the num- 
ber of school children in_said new 
counties. 

17. Secretary of State to cause to be 

printed the same niimber of copies 
of all laws passed in relation to 
common schools, at each session 
of the General Assembly, as are 
pririted with the acts; the same to 
be printed in pamphlet form, and 
distributed in same manner, and at 
the same time eis the copies of the 
acts. 

18. After each new census. Treasurer of 

State to ascertain amount of school 
fund to be paid to each county, 
according to the proportion of the 
new census. 

19. Pistrict trustees exempt, during their 

term of office, from w^orking on 
roads and serving on juries. 

Section 1. Be it enacted by the General Assembly of the State of 
Arkansas, That the fund arising from the sale of the seventy-two 
sections of land donated to the State of Arkansas, for the erection of 
a'Seminary of Learning, and by an act of the Congress of the United 
States,approved, Januarythe 29th, A. D. 1846, placed at the disposal 
jof the General Assembly of the State of Arkansas, for the use and 
benefit of Common Schools, in this State, and the proceeds of the 
sales of the Saline Lands be, and the same is hereby divided between 
the several counties in this State, now established or hereaiter to 
be established, in proportion to the number of free white children 
over the age ten years and under that of twenty-one in each, for 
the purpose of maintaining common schools therein. 

Sec. 2. Be it further enacted, That all the money now on hand, 
or that may hereafter be received for the sale of said seminary and 
s.aljne lands, shell by the land agent or other person having pos- 
session thereof, be deposited with the Treasurer of the State to the 
credit of the common school fund, and it shall be the duty of said 
Treasurer of State to ascertain the amount due to each county 
according to the division hereinbefore declared, b}^ reference to the 
census last taken, and enter the sajiie to the credi]t of the county 
treasurer thereof. 

Seg. 3. Be it further enacted, That immediately after the pas- 
sage of this act, the county treasurer, of each county, shall draw 
from the Treasurer of the State the amount due to his county, and 
shall receipt for the same as so much received for the use of com- 
mon schools in his county, naming the county. 

Sec. 4. Be it further enacted. That the fund hereby distributed 
•to the counties shall be a perpetual fund for the benefit of future 
generations, as well as the present, and shall be kept seperate an4 
apnit from the other funds of tlie .counties, and in no case shall the 



iprincipal be expended, bat only the intei'est arising therefrom, and 
in no case shall the county treasurer of any county receive in pay- 
ment of either the principal or interest of the fund, any county 
script or any other currency, except gold and silver or their equiv- 
alent, and all demands against this fand shall be paid in like cur- 
rency. 

Sec. 5. Be it further enacted, That each electoral township in 
rthe several counties in this State, shall constitute an educational 
district. 

Sec. 6. Be it further enacted, That on the first Monday m May 
next, and on the first Monday in May every two years thereafter, 
there shall be elected in each of said educational districts, three 
common school trustees, to be chosen by the qualified voters of the 
■dipJtrict each of whom shall be a resident house-holder of the dis- 
-trict, at ^6 t^'^^s of his election, and shall continue so to be during 
the trust serein imposed, and who shall take an oath before some 
justiee ^t" the peace of his county, well and faithfully to discharge 
thp duties enjoined on them by law, as district trustees of their 
"Jucational district, during the time they shall continue to act as 
such. 

Sec. 7. Be it further enacted, That for the election of said trus- 
tees, the countyjudge shall, on the first Monday of May next and 
■every two years thereafter, require any justice of the peace of each 
educational district in his county, to hold an election for district 
trustees, naming in his order the time and place of holding such 
election, and it shall be the duty of such justice to give notice of 
such election by written notice, set up in at least two of the most 
public places in said district, at least ten days before said election ; 
which election shall be conducted in the same manner as is pre- 
scribed by law for conducting county and State elections, and their 
returns shall be made to the county court, at the first term held 
after such electi^i ; which court shall examine the same and deblare 
who are elected. 

Sec. 8. Be it further enacted, That it shall be the duty of the 
■district trustees of each educational district, immediately after their 
election shall be declared, to ascertain, by inquiry of the heads of 
families, the number of free white persons over the age of five years 
and under that of twenty-one, residing in their district and within 
one month to report the same to the county treasurer of their 
county. 

Sec. 9. Be it further enacted, That the county treasurer of the 
several counties shall loan from time to time, but not for a longer pe- 
riod than one year, all moneys received by them for common school 
purposes, iVom every source, to good and solvent persons, residents 
of the county, for the greatest amount of interest that can be ob- 
tained, to be paid semf-annually in advance, but not to exceed ten 
percent, per annum; and they shall require of those who borrow the 



money, good and sufficient, security, eitiiei' real or personal, to be 
approved of by the presiding judge of the county court, and it shall 
;be their duty whenever the person or persons so borrowing the 
money shall fail to pay the interest thei'eon as herein required, to 
iinstitute suit or by other means collect the principal and interest, 
.and to reloan the principal to others, according to the rules and 
..restrictions hereinbefore prescribed, and no person who shall fail 
to pay punctually the interest or principal of this fund whenever 
,the same shall be due, shall be permitted to borrow any portion of 
the fund forever thereafter. 

Sec. 10. Be it fiirther enacted. That the county treasurer of each 
county shall keep an account of all money received by him from 
ever)^ source for common school purposes, and shall state the amount 
total of interest received by him at each semi-annual paj^o^l^'*^ ' 
which interest he shall divide between the several educatj^g^\ ^xi''- 
•Iricts of his count}'", according to the number of free whic ^f^^gons 
over the age of five years and under that of twenty-one, an^ he 
shall enter the amount due to each district, at each semi-ann\ial 
payment, to the credit of that district ; which amounts he shtto' 
pay over to such persons and at such times as the county court of 
his county shall order. 

Sec. 11. Be it further enacted, That whenever the district trus- 
tees of any educational district shall deem it expedient and ascer- 
tain that there is in the hands of the treasurer of their county, 
.belonging to their district, a sufiicient fund, either vvith or without 
.the aid of voluntary subscription, to employ a teacher, they shall 
.employ one or more competent persons, upon the lowest terms 
possible, to teach in such place or places as the trustees shall deem 
to be most convenient and suitable to the inhabitants, preparatory 
schools for the education of all free white children within the dis- 
trict, between the age of five and twenty-one years. 

Sec. 12. Be it further enacted, That for the good government of 
the schools to be established by the provisions of this act, it shall 
be encumbent on the district trustees to make such rules and regu- 
lations for the management and conducting thereof, as may seem 
to them most conducive to the welfare and advancement of the 
pupils, and they shall in no case employ a dissolute, intemperate, 
or otherwise worthless teacher, and it shall be the duty of each of 
the district trustees to visit each of said schools in their district, at 
least once in every two months, while the same is in session, and 
whenever said trustees are of opinion that any teacher employed 
by them, is not doing his duty as sach teacher, they may, at any 
time, discontinue such school, and such teacher shall only be enti- 
tled to compensation for the time he may have taught, at the same 
rates at which he had been employetl tor any longer time. 

Sec. 13, Be it further enacted, That whenever the district trus- 
tees shall have determined the amount due to any teacher from the 



common schooi fund of their district, they shall make a certificate 
to the county court of their county, stating the length of time such 
teacher taught, the number of scholars, and the amount due, which 
certificate shall be presented to the county court, and if said court 
is satisfied that there is no injustice in the same, it shall order the 
treasurer of the county to pay the amount thereof, or so much 
thereof, as shall be found to be just, and charge the same to the 
educational district in which such school was taught. 

Sec. 14. Be it further enacted. That all the books, vouchers, and 
, accounts of the county treasurer's, relative to the common school 
fund shall, at the first term of the county court, after the 1st day of 
January, in every year, be presented to said court, and examined 
thereby, and approved, if found to be correct or rejected and 
accounts disallowed, as the court may deem just and proper ; and 
each county treasurer, and his securities on his official bond, shall 
be liable for any waste or mismanagement of the common school 
fund in his hands. 

Sec. 15. Beit further enacted, That the county treasurers of the 
several counties in this State, shall, as common school treasurers, 
be capable of suing and being sued, may plead and be impleaded, 
in any court of this State, having jurisdiction of the subject matter 
of the suit. 

Sec. 16. Be it further enacted, That when any new county shall 
'be established as soon as it shall be laid ofi;' into electoral townships^ 
and the officers elected as herein provided for, it shall be the duty 
of the district trustees to ascertain by enquiry of the head of each 
family, the number of free white persons, between the age of five 
and twenty-one years, residing in the territory stricken off of each 
of the counties from which such new county shall be taken, and 
report the same to the treasurer of the new county made, who shall 
draw on each of the treasurers of the counties from which such new 
county may have been taken, for an amount equally proportioned 
to the whole amount of common school funds in his hands, as the 
number of children in the territory stricken off is to the whole 
number in the old county before the new was established; which fund 
so drawn for and received by the treasurer of any new county, 
hereafter established, shall b& used and applied in the same manner 
and for the same purposes, in every respect, as herein provided for 
in the counties already established. 

Sec. 17. Be it further enacted. That it shall be the duty of the Secre- 
tary of State to procure the printing of the same number of copies of 
all the laws passed at each session of the Legislature, relative to 
common schools, in pamphlet form, as is printed of the acts of the 
Legislature, which shall be distributed in like manner as the acts of 
the Legislature, to the clerks of the county courts, for the use of 
the district trustees in their county. 

Sec. is. Be it further eimcted, Upon every new census," as taken* 



8 

by the authority of this Slate, it shall be the duty of the treasurer 
to ascertain the amount clue each county, as fixed by the rule of 
distribution by section first of this act,and in his future distributiori 
of said fund shall distribute in accordance with said census, taking 
into consideration the amounts heretofore distributed to the sev- 
eral counties. 

Sec. 19, Be it further enacted, That the district trustees, herein 
provided for, shall be exempt from working on roads and serving 
on juries during the time they shall continue to discharge the duties 
of district trustees. 

Si;c. 20. Be it further enacted, That no portion of said school 
funds shall ever be expended for books, maps or stationary, to be 
used in said common schools. 

Sec. 21. Be it further enacted, That the several county treasurers 
shall hereafter receive two per cent, per annum, only on all th& 
money that may come to their hands belonging to said common 
school fund, for the safe keeping, disbursing and loaning the same. 

Sec. 22. Be it further enacted, That whenever it shall become 
necessary for the county treasurer to enforce the collection of any 
money due his county, for the purposes of common schools, he may 
employ legal aid, whose account for such professional services as 
he may render, shall be audited and adjusted by the county court, 
and the court shall make an order directing the county treasurer 
to pay the same out of the common school funds in his hands, and 
the treasurer shall pay the same accordingly on demand. 

Sec. 23. Be it further enacted. That the sum of two hundred 
and fifty thousand dollars be, and the same is hereby appropriated 
out of the proceeds of the sales of said seminary and saline lands 
to carry out the provisions of this act ; and the Treasurer of th& 
State is required to pay out the same to the treasurers of the several 
counties as fast as it accrues, according to the provisions of this act. 

Sec. 24. Be it further enacted, That this act^take effect and be in: 
force from and after its passage. 

M. W. IZARD, Speaker pro tern. 

of the House of Representatives. 
R, C. BYRD, President 

of the Senate. 

Approved: January 5th, 1849. 

THOS. S. DREW. 



An act concerning Common Schools. 



Section. 

1. County commissioners of common 

schools whose election and ap- 
pointment are provided for in the 
chapter 145 of the Digest, to take 
an oath faithfully to perform the 
duties of their office, and to give 
bond, to account for and pay over 
all moneys of the school fund, and 
distribute all the school-books that 
may come into their hands, to be 
filed and recorded in the clerk's 
office. 

2. In case of the absence, resignation 

or removal of any township com- 
missioner, county court to order an 
election to fill such vacancy, in the 
mamrer prescribed by law. 

3. Upon petition of any inhabitants of 

township showing a vacancy in the 
office of township commissioner. 



Section. 

to the county court, the court to 
order an election to be held as pro- 
vided by law. 

4. In absence of any township commis- 

sioner, so that an election for trus- 
tees of corjimon schools cannot be 
had, any township commissioner 
may hold an election, within 60 
days from the passage of this act, 
and trustees so elected to give bond 
and fulfil duties now prescribed by 
law. 

5. County commissioners may draw 

any school funds in the hands of 
county treasurer, and distribute tlia 
same to the township commission- 
ers for common schools; all books 
may be distributed in like manner. 

6. This act in force from and after pass- 

ase. 



Section 1. Beit enacted by the General Assembly of the State of 
Arkansas, That the county commissioners of common schools of 
each comity, whose election and appointment is provided for by sec. 
39, chap. 145 of the Digest of the Statutes of Arkansas, shall be- 
fore they enter upon the discharge of their duty as such commis- 
sioners, take an oath faithfully to demean themselves in office, and 
account for all moneys paid to them for school purposes; and that 
said county school commissioners shall also enter into bond to the 
State of Arkansas, for the use of common schools of their respec- 
tive counties; conditioned that they will account for all moneys 
and books coming into their hands as such commissioners, and to 
distribute the same as prescribed by law, which said bond shall be 
approved of by the county court of the proper county, and filed 
and recorded in the clerks office thereof. 

Sec. 3. Be it further enacted, That in case of the absence, re- 
signation, or removal, of any township commissioner, it shall be 
the duty of the county court, of the proper county, to make an or- 
der directing the justice of the peace, or any one of them, of the 
township in which said commissioner resides, to hold an election 
to fill said vacancy, in the same manner as is now provided for the 
election of said commissioners, and all resignations of any such 
commissioners shall be made to the proper county court. 

Sec. 3. Upon the petition of any of the inhabitants of any such 
township to the county court, setting forth a vacancy in the office 
of township commissioner, the court shall cause an election to be 
held as provided for by this act. 

Sec. 4. Be it further enacted, That in case of the absence of 
any such township commissioner, so that an election for trustees 
of common schools cannot be held at the time now prescribed by 



law, said offices shall not be deemed vacant, and any township 
commissioner may hold an election for the purpose of electing said 
trustees, at any time within 60 days from the passage of this act; 
said election to be held in the same manner as now prescribed by 
law, which said trustees, when so elected, shall give the like bond, 
and perform the like duties, as are now required by law. 

Sec. 5. Be it further enacted, That any funds in the hands of any 
county treasurer for school purposes shall be drawn from said trea- 
surer, by the county commissioners, and distributed by them in 
equal portions to the above commissioners of any township of any 
school organized, agreeably to the present law, in relation to com- 
mon schools; and all books for common school purposes, may be 
distributed in like maaner, to any school which may be organized. 
Sec. 6. Be it further enacted^ That this act he in force from and 
after its passage, 

M. W. IZARD, Speaker pro tern. 

of the House of Representatives, 
R. C. BYRD, President 

of the Senate. 
Approved: January 8th, 1849. 

THOS. S. DREW. 



An act concerning the sale of the sixteenth sections of land, or any 

part thereof. 



Section. 

1. Purchaser of any part of any six- 

teenth section from any commis- 
sioner, paying the purchase money 
and interest to such commissioner, 
to receive a fee simple deed from 
said commissioner, which may be 
recorded as any other deed. 

2. Upon payment being made to such 

commissioner he shall cancel and 
deliver up to the purchaser his 



Section. 

notes or obligations executed for 
any part of said sixteenth sections^ 
and shall require of him the certi- 
ficate of purchase, and endorse on 
the certificate that a deed has been 
executed, and enter the same upon 
his record. 

3. Conflicting laws repealed. 

4. This act in force from and after pas- 

sage. 



Section 1. Be it enacted hy the General Assembly of the State of 
Arkansas, That, whenever any purchaser or purchasers of any part 
or portion of any sixteenth section of land, which has been sold, or 
which may hereafter be sold, by any commissioner of any of said 
sixteenth sections of land, shall tender and pay to any such com- 



11 



inissioner the purchase money and all interest arising and due 
thereon for any part or portion of any sixteenth section of land, it 
shall be the duty of any such commissioner, at any time after any 
such sale, to make a deed to any such purchaser for the land pur- 
chased by him conveying to him, his heirs, or assigns, a fee simple 
title for said tracts or lots of land, and which deeds may be ac- 
knowledged, and recorded in the same manner as other deeds. 

Sec. 3. Be it further enacted, That, upon any such payment 
being made as aforesaid, specified in the preceding section, by any 
such purchaser, the commissioner of any township as aforesaid, 
shall surrender to any such purchaser, the obligations executed for 
said tract or lots of land, cancelled and discharged ; and the said 
township commissioner shall require from said purchaser, the cer- 
tificate or certificates of purchase by him issued to said purchaser, 
and endorse on such certificate, that a deed hath been executed 
therefor, and shall so state upon the record by him kept, on the 
marghi of the page of the book, on which said certificate is re- 
corded. 

Sec. 3. Be it further enacted, That any law, in conflict with 
the provisions of this act be, and the same is hereby repealed. 

Sec. 4. Be it further enacted, That this act take effect and be in 
force from and after its passage. 

M. 



R. 



Approved: Dec. 26th, 1848. 



W. IZARD, Speaker pro. tern. 

of the House of Representatives 
C. BYUD, Presidmt 

of the Senate. 

THOS. S. DREW. 



An act to empower the county courts of the county of Mississippi 
to appoint trustees for township number ten, north of range 
number ten, east. 



Section. 

1. County court of Mississippi county 
empowered to appoint 3 trustees 
for the school section, in township 
10 north, range 10 east, of the 5th 
principal meridian, who shall re- 
main in office until the next general 
election, with all the powers and 
dhities of trustees given by law. 



Section. 

2. Said trustees authorized to lease out 

said 16th section for one year, and 
to sue for, and collect any and alt 
arrearages of rent which have, or 
may accrue. 

3. This aet in force from and after pass^ 

age. 



12 

Section 1. Be it enacted by the General Assembly of the State of 
Arkansas, That the county court of Mississippi county is hereby 
empowered to appoint three trustees for the school section ia town- 
ship number ten, north of range number ten east of the 5th princi- 
pal meridian, who shall remain in office until the next general elec- 
tion, and shall exercise all the power and authority, and discharge 
all the duties and obligations imposed on trustees-, according to 
sections 9, 18, 19, and 21 of chapter 145, Revised Statutes, by 
English. 

Sec. 2. Be it further enacted. That such trustees, when so ap- 
pointed and duly qualified, shall have authority to lease out said: 16th 
section for a term not exceeding one year, and to demand, sue for, 
and recover all rents or arrearages of rent due for the same, and to 
demand, sue for, and recover all moneys in the hands of any trus- 
tee heretofore appointed for said 16th section, which may have 
been collected by him in his capacity of trustee, or by color of such 
authority, in any court of competent jurisdiction. 

Sec. 3. Be it further enacted, That this act shall be in force 
from its passage, 

M. W. IZARD, Speaker pro tern. 

of the House of Representatives. 
R. C. BYRD, President 

of the Senate. 

Approved: Dec. 27th, 1848. 

THOS. S. DREW. 



^?-?«i. , 



. f 
i 



'^i^kiiiifiia^ 



^^j^y^jgyggHHUia 



LIBRARY OF CONGRESS 



019 749 544 3 




I I'-'-i..."'! ■ ixiiv v . ■ 'I. 



■K'v; 



''•'''!v,''V'^' ■?.;''< IvV''!''.:-/' 



, ^ .V,^ 



1 s(I 






V mi 






